Set aside or vary decision
NCAT can make orders to set aside (overturn) or vary (change) a final decision in certain circumstances.
How to apply
You can apply to set aside or vary a Tribunal decision in either of the following circumstances:
- All parties agree that the decision should be set aside or varied OR
- You could not attend the hearing and your case was not adequately put to the Tribunal.
Application to set aside or vary Tribunal decision (PDF , 108.5 KB)
Fees
Fees are payable for set aside or vary applications. View our fees and charges or apply for a fee waiver.
Time limits
Set aside or vary decision applications must be lodged within 7 days after the decision was made.
If you apply outside of the time limit, you can request a time extension as part of your application. NCAT will not always agree to a request for a time extension.
What happens next
Applications to set aside or vary a decision are usually decided 'on the papers' without a hearing. You must provide as much information and documentation supporting your application as possible.
NCAT may call for submissions from the other party before deciding the application.
Orders NCAT can make
NCAT will make one of the following orders in a set aside or vary a decision application.
Application is granted
If your application is granted, NCAT will tell you in writing and issue new notices of hearing. The original application will be dealt with by the Tribunal as a fresh hearing.
A successful application to set aside or vary a decision does not mean that you will be successful at the next hearing.
Application is refused
If your application is refused, the original orders will remain in full force and effect. If a stay order was granted with your application, the stay will be lifted and the previous orders will become effective immediately.
Last updated:
08 Sep 2022
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